S BALAKRISHNAN Vs. COMMISSIONER, ANIMAL HUSBANDRY DEPARTMENT

JUDGEMENT

(1.) The relief sought for in this Writ Petition is to call for the records of the first respondent in Ne.Mu.Ka.No.26244/J3/08, dated 30.11.2009 and the consequential orders of the second and third respondents in Ne.Mu.Ka.No.1623/A3/09, dated 10.12.2009 and Na.Ka.No.2991/E/07, dated 06.08.2010 and to quash the same.

(2.) The learned counsel for the Writ Petitioner made a submission that the Writ Petitioner was working as Live-stock Inspector Grade-II at Muthalapuram Veterinary Centre. On 09.02006, when the Writ Petitioner had gone to attend the duty, to his shock and surprise, locked door was broken and certain Government properties were stolen. Immediately, the Writ Petitioner submitted a report to the Assistant Veterinary Surgeon attached to the Veterinary Hospital, Melakaranthai by a written complaint. Based on the information provided by the Writ Petitioner, the Assistant Veterinary Surgeon had given a written complaint to the Sub-Inspector of Police, Ettayapuram Police Station on 10.02006 to register a case and conduct investigation. However, the Sub-Inspector of Police,Ettayapuram Police Station had issued a Non-Traceable Certificate informing his inability to trace out the stolen properties and issued the Certificate on 5.4.2007. Thereafter, the Writ Petitioner was promoted as Live-stock Inspector Grade-II and the grievance of the Writ Petitioner is that the respondents issued the impugned order of recovery imposing to repay the value of the stolen goods. The Writ Petitioner states that he was no way responsible and he was the person, who provided information to the Assistant Veterinary Surgeon and accordingly, a complaint was preferred before the concerned Police Station and therefore, the recovery order is bad in law.

(3.) The learned Additional Government Pleader appearing on behalf of the respondents made a submission that no doubt, the complaint was filed by the Assistant Veterinary Surgeon before the Ettayapuram Police Station on 10.2.2007. However, a Non-Traceable Certificate issued by the Sub-Inspector of Police on 5.4.2007, after a lapse of one year. The Police Personnel had taken efforts to trace out the stolen public properties. However, their efforts went in vein and thereafter, a Non-Traceable Certificate was issued.